HomeMy WebLinkAboutZONING BOARD OF APPEALS - 08/11/2005 - 05-3/1856 ORIOLE DR ELK GROVE VILLAGE
Zoning Board of Appeals
Meeting Minutes
August 11, 2005
Present: P. Kaplan, Chairman R E C E i V ED
D. Childress
J. Franke ASG 15 2005
T. Rodgers VILLAGE CLERK'S OFFICE
J. Oliveto
J. Walz
Staff: V. Zaric, Plan Reviewer, Community Development
Zoning Variation — Docket #05-3 — 1856 Oriole Dr.
Chairman Kaplan called the meeting to order at 7:00 P.M. and read the
legal notice. The petitioner, Ellen Walsh, was sworn in and asked to
present the case.
Mrs. Walsh said that before applying for the permit she contacted the pool
company to get some information about the pool sizes and the required
setbacks. She contacted Russo',, Pool & Spa. They told her they were
familiar with the Village zoning requirements. The petitioner wanted the 24
foot diameter round pool. After Julie marked the underground ComEd line,
they realized that the 24 foot round pool would be right at the minimum
required 5 feet from ComEd line. The petitioner said that she had to buy
the more expensive oval pool to make sure that all required set backs are
met. After all this research, she applied for the permit.
During the first scheduled inspection, the inspector realized that the pool
encroached into the required 8 feet side yard for approximately 22 inches.
The petitioner said that they measured from the end of the existing fence,
which is along the back property fine. She did not realize that the fence
end was not at the property corner but was extended beyond the property
sideline.
Mr. Kaplan asked for the pool company information.
The petitioner said it was Russo's Pool & Spa from Northlake, IL. The
company has done approximately 50 pools in the Village.
Mr. Walsh said that it is common to assume that the fences are located at
the property lines. He can understand the mistake that the petitioner
made.
The petitioner said that she later learned about the iron posts in the
ground, which mark the property corners. They found the posts and
measured the distance between them. The distance was 57 feet, but the
plat of survey showed 60 feet.
Mr. Oliveto asked was it the contractor's mistake.
Mrs. Walsh said that she would not blame the contractor because he
would not do it on purpose.
Mr. Childress asked how far the pool was located from the ComEd line.
The petitioner said that it was approximately 6 % feet.
Mr. Childress said that if the pool were moved closer to the ComEd line it
would allow more distance from the side property line.
The petitioner explained that even if the pool were at the minimum required
distance of 5 feet from ComEd, it would not provide the required 8 feet side
yard setback.
Mr. Franke asked Mrs. Zaric when the Village requires the first pool
inspection. He said that his concern was that the homeowner did not call
for the inspection on purpose knowing that the pool was too close to the
side property line.
Mrs. Zaric said that the homeowner called for the inspection when it was
required and that the violation was discovered during the inspection
scheduled by the petitioner.
Mr. Rodgers asked Mrs. Zaric if the Building Department sent a letter to
the pool contractor informing him not to assume that the fences are at the
property lines.
Mrs. Zaric said that no such letter was sent.
Mr. Waltz asked what type of fence is installed around the property.
The petitioner answered that they installed a 4 feet high picket fence along
the side property lines since the fence existed along the back property line.
Mr. Kaplan asked if the petitioner contacted the neighbor about this issue.
The petitioner said that she contacted Mr. Herman, the neighbor on the
east side and that he did not have any objections.
A motion was made by Mr. Franke to grant the variation as Mr. Kaplan
noted. The motion was seconded by Mr. Childress and passed by
unanimous vote.
The petitioner was directed by Mr. Kaplan to contact the Village Clerk to
confirm which Village Board meeting they should attend for final approval.
The meeting was adjourned at 7:18 P.M.
Respectfully submitted,
Verica Zaric
Plan Reviewer, Community Development
C: Chairman and Members Zoning Board of Appeals, Mayor and Board
of Trustees, Village Attorney, Village Clerk, Village Manager,
Assistant Village Manager; Assistant to the Village Manager,
Administrative Intern, Director of Engineering and Community
Development, Director of Public Works, Fire Chief, Deputy Fire Chief
(2), Assistant Fire Chief, Chairman and Members of Plan
Commission